N.Y. Comp. Codes R. & Regs. tit. 14, § 25.3 – Prevocational training and evaluation.

(a) Prevocational training is the process of developing the patient's functional competence to be able to participate effectively in vocational training or work. This process includes the development of appropriate attitudes toward work, social and personal habits necessary to job performance and interactions with coworkers, and physical skills and performance necessary to the performance of job tasks. Prevocational evaluation is the process of identifying and assessing an individual's assets, interests and limitations and developing from them appropriate vocational goals and objectives and means for their attainment.
(b) Prevocational training and evaluation may include performance of work tasks without compensation which would otherwise require compensation provided that:
1. (1) patient participation in such activities is voluntary;
2. (2) the work tasks are part of an overall plan designed and implemented to increase work readiness and training potential; and
3. (3) work tasks are directed and supervised in accordance with the patient's overall service plan.
(c) While compensation for work tasks performed as part of prevocational training and evaluation is not required, it is encouraged especially for its incentive effect.
(d) At the conclusion of three months of performance of prevocational work tasks, these tasks shall be considered to be work requiring compensation in accordance with section 25.5 of this Part, unless:
1. (1) there is a comprehensive review of the prevocational training or evaluation plan and the patient's progress in performance of assigned tasks by a multi-disciplinary group which, on the basis of the review, finds and certifies that:
  1. (i) the prevocational plan is adequate to indicate the probability that it will result in the patient being able to undertake vocational training in the future; and
  2. (ii) the patient's work performance is such that the production of the patient is insignificant;
2. (2) such review is repeated each 60 days if performance of work tasks without compensation is continued;
3. (3) a written report of each such review is made part of the patient's record; and
4. (4) the patient is informed of the results of the review and of his or her right to object and appeal as provided in section 27.8 of this Part.
(e) Performance of work tasks in prevocational training shall be in accordance with the applicable Federal and State laws and regulations and the terms and conditions of any certificates issued thereunder.